Freeman v. Kellogg
New York Surrogate's Court
Motion on the part of Mary E. Freeman, as general guardian of the infant daughter of decedent, Laura R. Freeman, and one of the residuary legatees under his will, to remove the persons appointed executors, David M. Kellogg, Edgar Williams, and Edward M. Freeman, on the ground that they have become incompetent by law to serve, and that their circumstances are so precarious as not to afford adequate security for their due administration.
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Motion on the part of Mary E. Freeman, as general guardian of the infant daughter of decedent, Laura R. Freeman, and one of the residuary legatees under his will, to remove the persons appointed executors, David M. Kellogg, Edgar Williams, and Edward M. Freeman, on the ground that they have become incompetent by law to serve, and that their circumstances are so precarious as not to afford adequate security for their due administration. The petition set forth the proceedings of the executors as they appeared upon the accounting referred to in the preceding case (Freeman v. Freeman) ; it…
1Opinion of the Court
The Surrogate.—From a careful consideration of the papers submitted on this motion, and such as I have been able to give to the questions raised on- the executors’ accounting, I am not able to find that the executors *224sought to be removed or required to give security, have become incompetent by law to serve, by reason either of ■dishonesty, improvidence, or want of understanding. Judge Comstock, in Emerson v. Bowers (14 N. Y., 449, at page 454) defines improvidence, as used by the statute in question (sub. 5, § 3, 3 R. S., 73 [6 ed.]), as follows: “ The term evidently refers to habits of mind…
2Cases cited4 opinions
- Emerson v. . BowersNew York Court of Appeals · 1856
- Wood v. WoodNew York Court of Chancery · 1834
- Shields v. ShieldsNew York Supreme Court · 1870
- Holmes v. CockNew York Court of Chancery · 1847
3Cited by5 opinions
- In re the Estate of CanterNew York Surrogate's Court · 1933
- Martin v. DukeNew York Surrogate's Court · 1882
- Hovey v. McLeanNew York Surrogate's Court · 1882
- In re the Estate CadyNew York Court of Appeals · 1886
- In re the Estate of CadyNew York Supreme Court · 1885